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Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute.

The Administrative Law Judge issued the attached decision in the
above-entitled proceeding, finding that the Respondent violated section
7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute
(the Statute) when it unilaterally implemented revisions to Air Force
Regulation 40-630, "Absence and Leave," without providing the Union with notice
and an opportunity to bargain over the change. The Respondent filed exceptions
to the Judge's decision, and the General Counsel filed an opposition to the
exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations
and section 7118 of the Statute, we have reviewed the rulings of the Judge made
at the hearing and find that no prejudicial error was committed. We affirm
those rulings. Upon consideration of the Judge's decision and the entire
record, we adopt the Judge's findings and conclusions, and recommended order as
modified.(*)

Among other things, the Respondent asserts that it did not violate the
Statute when the regulation was distributed throughout the Respondent's
organization because it did not give instructions to implement the regulation
until at least 10 days after presenting the revised regulation to the Union.
The Respondent argues that:

"[t]en [d]ays is certainly ample time to constitute opportunity for
the Union to request bargaining if it took exception to management's expressed
opinion that working conditions would not be changed by implementing the
[regulation]. Alternatively, it was more than enough time for the Union to
request management [to] delay implementation."

Respondent's brief in support of exceptions at 15.

The record reveals that the Respondent's labor relations officer,
Sheila Hostler, gave the revised regulation to Union President Paul Palacio the
day after it had been distributed throughout the Respondent's organization.
Palacio asked whether that constituted notice, as required by the collective
bargaining agreement when a regulation is issued that triggers a bargaining
obligation. Hostler testified that she replied, "'No, it is not. There is no
bargaining obligation here. There is no change to the regulation.'" Transcript
at 76.

In view of this admission by the Respondent that it informed the Union
that it would not bargain about the revised regulation, it is immaterial
whether the Respondent had in fact instructed its subordinate offices to
disregard any provisions that differed from the parties' agreement. Regardless
of the Respondent's intent in this regard, the Union reasonably should have
been able to rely on what it had been told by the Respondent's labor relations
officer. Accordingly, under the circumstances, it would have been futile for
the Union to demand bargaining. Moreover, as it was the Respondent's labor
relations officer who informed the Union that there was no bargaining
obligation, it is irrelevant that the regulation was issued by a higher level
of the organization. As we agree with the Judge that the revised regulation
contained unilateral changes in working conditions, we conclude, as did the
Judge, that the Respondent implemented those changes without providing the
Union with notice and an opportunity to bargain about the substance and/or the
impact and implementation of those changes.

II. Order

Pursuant to section 2423.29 of the Rules and Regulations of the Federal
Labor Relations Authority and section 7118 of the Statute, the Authority hereby
orders that Department of the Air Force, Headquarters, Air Force Logistics
Command, Wright-Patterson Air Force Base, Ohio shall:

1. Cease and desist from:

(a) Unilaterally implementing changes in the working conditions of
bargaining unit employees, by unilaterally implementing revision of Air Force
Regulation 40-630, "Absence and Leave" without first notifying the American
Federation of Government Employees, Council 214, AFL-CIO, the exclusive
representative of certain of its employees, and affording it an opportunity to
bargain concerning the substance and/or impact and implementation of said
changes.

(b) In any like or related manner interfering with, restraining or
coercing any employees in the exercise of their rights assured by the Federal
Service Labor-Management Relations Statute.

2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute:

(a) Rescind the February 1, 1988, issuance of the new Air Force
Regulation 40-630.

(b) Notify and, upon request, negotiate with the American Federation of
Government Employees, Council 214, AFL-CIO, the exclusive representative of a
unit of its employees, of any intended changes concerning Air Force Regulation
40-630 and Air Force Regulation 40-631.

(c) Post at its facility copies of the attached Notice on forms to be
furnished by the Federal Labor Relations Authority. Upon receipt of such forms,
they shall be signed by the Base Commander and shall be posted and maintained
for 60 consecutive days thereafter, in conspicuous places, including all
bulletin boards and other places where notices to employees are customarily
posted. Reasonable steps shall be taken to insure that such Notices are not
altered, defaced, or covered by any other material.

(d) Pursuant to section 2423.30 of the Authority's Rules and
Regulations, notify the Regional Director, Region V, Federal Labor Relations
Authority, 175 W. Jackson Blvd., Suite 1359-A, Chicago, IL 60604 in writing,
within 30 days from the date of this Order, as to what steps have been taken to
comply herewith.

NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT institute unilateral changes in the working conditions of
bargaining unit employees by unilaterally implementing revisions of Air Force
Regulation 40-630, "Absence and Leave" without first notifying the American
Federation of Government Employees, Council 214, AFL-CIO, the exclusive
representative of certain of our employees and affording it an opportunity to
bargain concerning the substance and/or the impact and implementation of said
changes.

WE WILL NOT in any like or related manner, interfere with, restrain, or
coerce employees in the exercise of their rights assured by the Federal Service
Labor-Management Relations Statute.

WE WILL rescind the February 1, 1988 revisions of Air Force Regulation
40-630 "Absence and Leave."

WE WILL notify and, upon request, negotiate with the American Federation
of Government Employees, Council 214, AFL-CIO, the exclusive representative of
a unit of our employees, in advance of implementing any proposed changes to Air
Force Regulation 40-630 and Air Force Regulation 40-631.

_______________________(Activity)

Dated:________ By:______________________________

(Signature) (Title)

This Notice must remain posted for 60 consecutive days from the date of
posting and must not be altered, defaced or covered by any other material.

If employees have any questions concerning this Notice or compliance
with any of its provisions, they may communicate directly with the Regional
Director of the Federal Labor Relations Authority, Region V, whose address is:
175 W. Jackson Blvd., Suite 1359-A, Chicago, IL 60604, and whose telephone
number is: (312) 353-6306.

FOOTNOTES: (If blank, the decision does not
have footnotes.)

*/ In his recommended Order, the Judge directed that
notices posted by the Respondent be signed by the base commander "or a
designee." The Authority has held that notices shall be signed by an official
designated by the Authority rather than one determined by the Respondent.
U.S. Office of Personnel Management, Washington, D.C., 37 FLRA 784
(1990); Department of the Air Force, Sacramento Air Logistics Center,
McClellan Air Force Base, California, 35 FLRA 1230, 1231-32 (1990). The
Judge's recommended Order has been modified to delete the reference to "or a
designee."